ALL INDIA SC/ST ASSOCIATION AND ORS. Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) THIS O.A. has been filed by the applicants seeking following reliefs:

(2.) THE facts of the case, in brief, are as follows. The applicants No. 2, 3 and 4 are working as Senior Section Engineers in Parel Workshop and applicant No. 2 belongs to ST community, while applicants Nos. 3 and 4 to SC community. The next post of promotion for Senior Section Engineer is Assistant Works Manager (AWM). The respondents have notified three vacancies for the promotion to the post of AWM, out of which one is unreserved, one is for SC and one for ST. However, in the eligibility list of 11 persons enclosed with the Notification dated 12.1.2006 there are 11 candidates and none of them belongs to SC/ST community. Thus, the main grievance of the applicants is that despite two reserved posts one for SC and one for ST, the respondents have not called any member of SC or ST for the selection. The applicants have contended that while filling up one unreserved post, the respondents have published a list of 11 suitable candidates and for the post of SC/ST no candidates of this community have been included in the eligibility list.

(3.) THE learned Counsel for applicant Mr. G.S. Walia submitted that the respondents with the Notification dated 12.1.2006. regarding selection for Group 'B' post of AWM have also attached a list of eligible candidates. For the post of AWM (Workshop) the list contains 11 names and none of them belong to SC/ST community. The learned Counsel contended that as per the Railway Board Circular dated 16.6.1992 while preparing a list of persons to be included in the zone of consideration adequate number of SC/ST has to be ensured. It is specifically mentioned that in case the number of SC/ST candidates is less than three times the vacancies available for SC/ST then the deficiency should be made good by picking up (Feb -266) other eligible SC/ST candidates by going down in the seniority list. In view of this, when no SC/ST candidates were coming in the list of 11 then the respondents should have gone down and should have picked up the SC/ST candidates who were meeting the conditions of eligibility as provided under Para 203.1 of IREM Volume -I.